If one spouse doesn't respond to a divorce petition in Georgia, it won't stop the divorce process from moving forward. Instead, it can create negative consequences for the alleged defendant. When one of the parties fails to appear in divorce court, the court is likely to issue a default judgment on behalf of the spouse who does show up. But what happens if neither party comes to the divorce court? This situation does not happen often, but when it does, several unintended consequences can arise. To start the divorce process, you must file a complaint in the higher court where you or your spouse live.
In your lawsuit or at the hearing, you must meet the residency requirement for the reason you specified above. Divorce laws apply only to residents of a state, and each state has its own residency requirements. To guarantee a no-fault divorce in Georgia, the residency requirement is six months in Georgia. You must file for a divorce in your county of residence.
A non-resident can file for divorce against a spouse who has resided in Georgia for six months. The divorce must be filed in the county where the defendant resides. The law absolutely requires that you or your spouse have been resident for the established period of time immediately before and at the time you file for divorce. For example, you cannot have lived in Georgia for six months before moving to Nebraska for another six months and then returning to Virginia to file for divorce.
However, after you have applied, you can move anywhere in the world. If your husband or wife has filed for divorce, they must “formally give or deliver” the documents to you. In addition, finally reaching the end of the divorce process generally requires an immense emotional and logistical effort. For more than 20 years, he has helped numerous spouses through complicated divorce cases, assuring them fair results. For some people, signing divorce papers is too painful because it makes the reality of the situation definitive.
A series of hearings can disrupt each spouse's schedule, but they are a crucial part of the legal divorce process in Texas. Or, if your spouse has had several romantic affairs and you knew and condoned only one, you can file a lawsuit for adultery in connection with the recent affairs discovered. Most cases of adultery are proven with circumstantial evidence, meaning that you must establish that your spouse had the willingness and opportunity to commit adultery. If your spouse has been convicted, not simply charged, for a crime, that's a reason for divorce in Georgia.
To continue with the process, you will need to submit additional documents to the judge showing that you have done everything possible to notify your spouse of your request for divorce. In Georgia, however, forgiveness doesn't necessarily preclude divorce action; now it's just one factor to consider. The term “default divorce” generally means that the divorce petition is granted in favor of the petitioner because the defendant has not responded. Under every absolute divorce ground, there is a provision for when you can file the lawsuit against your spouse in court.
If you have signed a settlement agreement, you can organize the final hearing at any time 31 days after the defendant has been notified personally (that the acknowledgment of receipt has been submitted to the secretary). Finally, courts can revoke Georgia's limited divorces at any time, upon a joint request of the parties to obtain an annulment. If this happens to you and your court appointment is rescheduled, you should review your legal options and see what you would like to do regarding the next hearing. In Georgia, you can get a divorce if there is no hope that you and the defendant can save the marriage.
